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NY F87511





June 13, 2000

CLA-2-62:RR:NC:WA:357 F87511

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030

Ms. Lisa Zwaga
LaCrosse Rainfair Safety Products Division 3600 South Memorial Drive
Racine, WI 53403

RE: The tariff classification of a two-piece packable rainsuit from China, Taiwan and the Philippines

Dear Ms. Zwaga:

In your letter dated May 12, 2000, on behalf of LaCrosse Footwear, Inc., dba LaCrosse Rainfair Safety Products, you requested a classification ruling.

The sample submitted, style number CP-00-07, is a man's two-piece packable rainsuit. The rainsuit consists of a thigh-length jacket with a zip-off hood and a pair of suspender pants. Both the jacket and the pants are constructed of a shell that is composed of a woven 100% polyester fabric which has a visible polyvinyl chloride coating on the inner surface. The jacket has 100% nylon ripstop fabric insert placements on the shoulders, under the arm, at the elbows and on the pockets. The jacket is lined with a mesh 100% polyester fabric in the front and back yokes and with a woven 100% nylon taffeta fabric in the body and sleeves. The pants have ripstop 100% nylon fabric insert placements on the knees and welt pockets and an overlay of a woven 100% cotton "Pyrovatex" flame retardant fabric on the lower portion of the inner legs. The pants are lined with a woven 100% nylon taffeta fabric. The nylon fabric inserts on the jacket and on the pants also have a visible polyvinyl chloride coating on the inner surface.

The jacket has a stand-up collar that is secured at the neck by a tab with two "VELCRO"-type fasteners and a full front opening that is secured by a zipper closure. An overlapping flap secured by snaps covers the zipper area. The garment has free-hanging front and back yokes, a zippered pocket on the right chest, an elasticized rear waist, a nylon webbing belt with a plastic buckle and "VELCRO"-type fastener on the front waist, long sleeves with elastic and a "VELCRO"-type fastener on the cuffs, two zippered pockets below the waist and a 3-inch windstop fabric extension with a drawcord tightening and two snap closures at the bottom hem. The garment has reflective piping on the shoulders, sleeves and on the front and back yokes. The jacket features a detachable zip-off hood. The hood has a throat guard secured by two "VELCRO"-type fasteners, a visor extension and a drawcord tightening. The hood can be rolled up and concealed within the jacket's collar by three snaps. The hood is lined with a woven nylon fabric and has an inner pouch that is secured by a "VELCRO"-type fastener. The hood can be inverted and the jacket and suspender pants can be folded and secured within it by pulling the drawcord tightening and securing the "VELCRO" fastener. This allows the wearer to pack and carry the garments.

The pair of pants has a fly front zipper opening that is secured on the front waist by a snap closure. The garment's waistband is partially elasticized and has an adjustable nylon webbing tab on each side that is secured by a "VELCRO"-type fastener and a plastic buckle. The pants also have a zip-off back bib with elasticized suspenders that are secured on the front portion of the waistband by plastic buckles. The garment has two front zippered pockets below the waist, a cargo pocket on the left thigh that is secured by a zipper and a flap with "VELCRO"-type fasteners, outer side seam zipper openings that extend along each leg from the thigh area to the ankle, overlapping flaps with reflective piping and "VELCRO"-type fasteners that cover the zipper openings and elastic and a foot strap at the ankle.

The samples are being returned to you as you have requested.

The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men's or boys' garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.3 percent ad valorem.

The applicable subheading for the suspender pants will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men's or boys' garments: of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.3 percent ad valorem.

The jacket falls within textile category designation 634. The suspender pants fall within textile category designation 647. Based upon international textile trade agreements products of China, Taiwan and the Philippines are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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